Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57768 of 2024 Arising Out of PS. Case No.-49 Year-2024 Thana- BANIAPUR District- Saran ====================================================== Monu Kumar SON OF SHYAM KUMAR RAI VILLAGE- MAUJEGAON, PS- SAHAJITPUR, DIST- SARAN AT CHAPRA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha For the Opposite Party/s :

Mr. Anil Kr. Singh No. 1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 31-08-2024 Heard the parties.

2. The petitioner seeks bail in connection with Baniyapur P.S. Case No. 49 of 2024 registered for the offences under Sections 461 and 379 of the Indian Penal Code.

3. The petitioner is not named in the F.I.R. and is in custody since 18.04.2024.

4. The allegation against the petitioner is to commit theft of three ashtadhatu idols made of god/goddess Ram, Laxman, Sita and Krishna Ji.

5. Learned counsel appearing on behalf of the petitioner submitted that the name of

Patna High Court CR. MISC. No.57768 of 2024(2) dt.31-08-2024 2/3 petitioner surfaced in the present case on the basis of suspicion arising out of self-confession. It is pointed out that petitioner was remanded in this case from the Baniyapur P.S. Case No. 80 of 2024, where he is on bail. It is further submitted that, in furtherance of self-confession no incriminating material recovered from the possession of this petitioner as to connect him with the present, crime in question. It is also submitted that petitioner was not put on TIP, as yet. While concluding the argument it is submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

6. Mr. Anil Kr. Singh, Learned APP appearing on behalf of the State, opposes the prayer for bail.

7. In view of the facts and circumstances as mentioned above as save and except suspicion arising out of self-confession

Patna High Court CR. MISC. No.57768 of 2024(2) dt.31-08-2024 3/3 nothing incriminating recovered from the possession of this petitioner as to connect him with the crime in question, coupled with the fact as petitioner is in custody since 18.04.2024, where charge-sheet has already submitted, accordingly, petitioner, above named, is directed to be released on bail in connection with Baniyapur P.S. Case No. 49 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M, Saran at Chapra/ concerned court, subject to the conditions as mentioned under Section 437(3) of the Cr.P.C./ Section 480(3) of BNSS.

(Chandra Shekhar Jha, J) Sudha/- U T